Dissertations / Theses on the topic 'Indigenous peoples Land tenure Australia'

This dissertation reconstructs the settlement of the Middle Jubba Valley of Somalia by ex-slaves, their descendents, and other Somalis from 1850 to the present. It is an historical study of the construction of a social identity of the Jubba Valley agriculturalist population, and of the evolution of land tenure and land use patterns in the mid-valley. In examining the effects on valley farmers of new land tenure laws requiring registration of land, it shows how power dynamics are integral to the working of land tenure systems.

Bibliography: leaves 651-699. "Through case studies of three emerging economies - Ecuador, Nigeria and Russia - this thesis analyses the factors present to a greater or lesser degree in emerging economies, such as severe foreign indebtedness and the absence of the rule of law, that undermine the effectiveness of the legal system in protecting indigenous peoples from oil exploitation. Having identified these factors, I propose that a dual approach to the protection of indigenous peoples' traditional lands and their environment be adopted, whereby international laws that set out the rights of indigenous peoples and place duties on states in this regard, are reinforced and translated into practice through the self-regulation of the international oil industry through a voluntary code of conduct for oil companies seeking to operate on indigenous peoples' traditional lands."

This paper discusses the legal principles which are relevant in determining the appropriate level of compensation for infringements to aboriginal and treaty rights. This issue has been left open by the Supreme Court of Canada in the seminal case of Delgamuukw. The nature of aboriginal and treaty rights as well as the fiduciary relationship and duties of the Crown are briefly described. The basic constitutional context in which these rights evolve is also discussed, including the federal common law of aboriginal rights and the constitutional position of these rights in Canada. Having set the general context, the paper then reviews the legal principles governing the infringement of aboriginal and treaty rights, including the requirement for just compensation. Reviews of the legal principles applicable to compensation in cases of expropriation and of the experience in the United States in regards to compensation in cases of the taking of aboriginal lands are also carried out. Six basic legal principles relevant for determining appropriate compensation in cases of infringement to aboriginal and treaty rights are then suggested, justified and explained. (Abstract shortened by UMI.)

Is it possible to redefine Aboriginal title? This study intends to answer this question through the construction of an integral doctrine of aboriginal title based on a detailed analysis of its criticisms. The author uses international law to show a possible way to redefine this part of Canadian law. After a careful review of the most important aspects of aboriginal land in international law, the author chooses the law of the InterAmerican Court of Human Rights as its framework. Using the decisions of this Court he produces an internationalized redefinition of Aboriginal title.

This thesis is a work of Christian theology. Its purpose is twofold: firstly to develop an adequate understanding of reconciliation at the level of peoples and nations; and secondly to make a practical contribution to resolving the problems in Australia for the welfare of all the peoples, and of the land itself. The history of the relationships between the Indigenous and non-Indigenous peoples in Australia has left many problems, and no matter what the non-Indigenous people try to do, the Indigenous peoples of Australia continue to experience themselves as being in a state of siege. Trying to understand what is happening, and what can be done to resolve the problems for the peoples of Australia and the land, have been the implicit drivers for the theological development in this thesis. This thesis argues that the present generation in any trans-generational dispute is likely to continue to sin in ways that are shaped by the sins of the past, which explains why Indigenous peoples in Australia find themselves in a stage of siege, even when the non-Indigenous peoples are trying to pursue policies which they believe are for the welfare of all. The only way to resolve this is for the peoples of Australia to seek reconciliation. In particular, the non-Indigenous peoples need to repent, both of their own sins, and the sins of their forebears. Reconciliation processes have become part of the international political landscape. However, there are real concerns about the justice of pursuing reconciliation. An important part of the theological development of this thesis is therefore to show that pursuing reconciliation establishes justice. It is shown that the nature of justice, and of repentance, can only be established by pursuing reconciliation. Reconciliation is possible because God has made it possible, and is working in the world to bring reconciliation. Because land is an essential part of Indigenous identity in Australia, the history of land in court cases and legislation in Australia over the past half century forms an important case study in this work. It is shown that, although there was significant repentance within the non-Indigenous legal system in Australia, the degree of repentance available through that legal system is inherently limited, and so a more radical approach is needed in order to seek reconciliation in Australia. A final chapter considers what the non-Indigenous people of Australia need to do in order to repent.

The thesis is a study of a Guaraní community (comunidad) situated in the Department of Santa Cruz in the southeastern lowlands of Bolivia. The thesis uses the concept of ‘comunidad’ as a focus of investigation. While this concept is one that is familiar and firmly embedded in contemporary discourses throughout Bolivia, the meanings which different people and interest groups attach to it and the purposes which they ascribe to it are far from unanimous. Apart from the physical and legal entity, comprising a group of people, the land on which they live, and the legal title for its ownership, a comunidad is a multifaceted and multilayered complex of diverging and sometimes competing ideas, desires and agendas. Questioning the concept of ‘comunidad’ in this way opens up new perspectives on what people are doing and why that could easily be overlooked in continuing to assume that we know what we are talking about when talking about a ‘comunidad indígena’ in Bolivia today. The thesis explores the case of Cañón de Segura by eliciting and bringing together the various claims and perspectives that impact on the lives of its inhabitants (comunarios). Starting with a historical overview to situate the comunidad within Bolivian and Guaraní history, the thesis moves into an ethnographic discussion of the comunarios’ own perceptions and meanings of ‘comunidad’, followed by an exploration of various outsiders’ perspectives on the same topic that impact on the comunarios’ lives in different ways. The aim of the thesis is to illustrate the overlap and entanglements between these different positions in order to show how the different perspectives on the meaning and purpose of a Guaraní ‘comunidad’ all contribute to shape the actual realities of people’s lives ‘on the ground’.

This study takes as its focus the contrasting manner in which the Nyoongar indigenous people and the early European settlers utilised three wetland environments in southwest Australia over the century between 1829 and 1939. The thesis offers both an ecological and a landscape perspective to changes in the wetlands of Herdsman Lake, Lake Joondalup and Loch McNess. The chain of interconnecting linear lakes provides some of the largest permanent sources of fresh water masses on the Swan Coastal Plain. This thesis acknowledges the importance of the wetland system to the Nyoongar indigenous people. The aim of this research is to interpret the human intervention into the wetland ecosystems by using a methodology that combines cultural landscape, historical and biophysical concepts as guiding themes. Assisted by historical maps and field observations, this study offers an ecological perspective on the wetlands, depicting changes in the human footprint on its landscape, and mapping the changes since the indigenous people’s sustainable ecology and guardianship were removed. These data can be used and compared with current information to gain insights into how and why modification to these wetlands occurred. An emphasis is on the impact of human settlement and land use on natural systems. In the colonial period wetlands were not generally viewed as visually pleasing; they were perceived as alien and hostile environments. Settlers saw the land as an economic commodity to be exploited in a money economy. Thus the effects of a sequence of occupances and their transformation of environments as traditional Aboriginal resource use gave way to early European settlement, which brought about an evolution and cultural change in the wetland ecosystems, and attitudes towards them.

"August 2006"
Thesis (PhD) -- Macquarie University, Division of Law, 2007.
Bibliography: p. 343-364.
Abstract -- Candidate's certification -- Acknowledgements -- Acronyms -- Chapter one -- Chapter two: Linking public participation to environmental decision making and natural resources management -- Chapter three: The right to public participation -- Chapter four: Implementing the right to public participation in environmental decision making : the participation of indigenous peoples in the conservation and management of protected areas -- Chapter five: The legal and policy regime for the participation of indigenous peoples in the conservation and management of protected areas in Australia -- Chapter six: The legal and policy regime for the participation of indigenous peoples in the conservation and management of protected areas in Uganda -- Chapter seven: Implementing public participation in environmental decision making in Australia and Uganda : a comparative analysis -- Chapter eight: The right to public participation in enviromental decision making and natural resources management : summary and conclusions -- Bibliography.
In recognition of the importance of public participation as a basis for good governance and democracy, Mr Kofi Annan, Secretary General to the United Nations, has noted that: "Good governance demands the consent and participation of the governed and the full participation and lasting involvement of all citizens in the future of their nation. The will of the people must be the basis of governmental authority. That is the foundation of democracy. That is the foundation of good governance Good governance will give every citizen, young or old, man or woman, a real and lasting stake in the future of his or her society". The above quotation encapsulates the essence of what this thesis has set out to do; to examine the concept of public participation and its application in environmental governance within the context of the participation of indigenous peoples in the conservation and management of protected areas in Australia and Uganda. The concept of public participation is of such intrinsic importance that it has emerged as one of the fundamental principles underpinning environmental governance and therefore forms the basis for this study. -- Environmental governance, as a concept that captures the ideal of public participation, is basically about decisions and the manner in which they are made. It is about who has 'a seat at the table' during deliberations and how the interests of affected communities and ecosystems are represented. It is also about how decision makers are held responsible for the integrity of the process and for the results of their decisions. It relates to business people, property owners, farmers and consumers. Environmental governance is also about the management of actions relating to the environment and sustainable development. It includes individual choices and actions like participating in public hearings or joining local watchdog groups or, as consumers, choosing to purchase environmentally friendly products. -- The basic principles behind good governance and good environmental decision making have been accepted for more than a decade. The 178 nations that attended the Rio Summit in 1992 all endorsed these nvironmental governance principles when they signed the Rio Declaration on Environment and Development (Rio Declaration) - a charter of 27 principles meant to guide the world community towards sustainable development. The international community re-emphasised the importance of these principles at the World Summit on Sustainable Development in 2002. -- The right to public participation in nvironmental decision making and natural resources management is one of the 27 principles endorsed by the nations of the world and is embodied in the provisions of Principle 10 of the Rio Declaration.
Environmental decisions occur in many contexts. They range from personal choices like whether to walk or drive to work, how much firewood to burn, or whether to have another child. They encompass the business decisions that communities or corporations make about where to locate their facilities, how much to emphasise eco-friendly product design and how much land to preserve. They include national laws enacted to conserve the environment, to regulate pollution, manage public land or regulate trade. They take into account international commitments made to regulate trade in endangered species or limit acid rain or C02 emissions. -- Environmental decisions also involve a wide range of actors: individuals; local, state and national governments; community and tribal authorities such as indigenous peoples; civic organisations; interested groups; labour unions; national and transactional corporations; scientists; and international bodies such as the United Nations, the European Union, and the World Trade Organisation. -- Each of the actors have different interests, different levels of authority and different information, making their actions complex and frequently putting their decisions at odds with each other and with ecological processes that sustain the natural systems we depend on. -- Accordingly, this thesis aims to examine participation in environmental decision making in a way that demonstrates these complexities and interdependencies. It will explore the theoretical and conceptual basis for public participation and how it is incorporated into international and domestic environmental and natural resources law and policy. -- It will examine public participation in the context of the legal and policy framework for the conservation and management of protected areas and will use case studies involving the participation of indigeneous peoples in Australia and Uganda to provide the basis for a comparative analysis. -- The thesis will also faces on a comparative analysis of the effectiveness and meaningfulness of the process for public participation in environmental decision making in Australia and Uganda. There is extensive literature on the purposes to which participation may be put; the stages in the project cycle at which it should be employed; the level and power with regard to the decision making process which should be afforded to the participants; the methods which may be appropriate under the different circumstances, as well as detailed descriptions of methods; approaches and forms or typologies of public participation; and the benefits and problems of such participation.
However, there is not much significant literature that examines and analyses the meaningfulness and effectiveness of the contextual processes of such participation. This is despite the widespread belief in the importance and value of public participation, particularly by local and indigenous communities, even in the face of disillusionment caused by deceit, manipulation and tokenism. Accordingly, the thesis will use case studies to demonstrate the meaningfulness and effectiveness or otherwise of public participation in environmental decision making in protected area management. -- Increasingly, the terminology of sustainable development is more appropriate to describe contemporary policy objectives in this area, with an emphasis on promoting local livelihood and poverty alleviation within the constraints of ecosystem management. However, the domestic legal frameworks, and institutional development, in Australia and Uganda tend to reflect earlier concepts of environmental and natural resources management (referred to as environmental management in this thesis). There are some significant differences between a North (developed) nation and a South (developing) nation, in terms of the emphasis on economic objectives, political stability, resources and legal and administrative capacity. The thesis intends to explore these differences for the comparative analysis and to draw on them to highlight the complexities and interdependencies of public participation by indigenous peoples in environmental decision making, natural resources and protected area management.
Mode of access: World Wide Web.
377 p

Cette étude repose sur l’hypothèse selon laquelle, de l’adoption de la constitution fédérale à la Première Guerre Mondiale, l’expansion territoriale des États-Unis d’Amérique, de même que le projet fédéral, ont appelé une « construction » des règles et principes du droit international au sein même des frontières américaines. Car, en 1789 déjà, tant les États-Unis,que les États membres de la Fédération ou les Nations indiennes, revendiquent sur tout ou partie de cet espace la souveraineté que reconnaît le droit international à tout « État ». C’est alors en définissant, en aménageant, en repensant, les notions d’ « État » ou de « souveraineté » sur un territoire, les conditions de détention et de formation d’un titre territorial, ou encore en fixant la valeur juridique interne du droit international, que ces revendications seront – ou non –satisfaites. Fondé sur l’analyse de la pratique, de la doctrine et de la jurisprudence américaines durant le « long XIXe siècle », ce travail a ainsi pour objet d’interroger la question du territoire telle qu’elle se pose au sein de cet « État fédéral » territorialement souverain que constitueraient les États-Unis. Il espère ce faisant mettre au jour des constructions du droit international dont l’actualité tient à leur objet : la question du territoire aux États-Unis entre 1789 et 1914interroge en effet les principales notions et problématiques de ce droit – au premier rang desquelles celle de l’articulation spatiale des compétences
This study is based upon the hypothesis that, from the entry into force of the federal constitution to the First World War, the United States territorial expansion, as well as the federal project, called for a « construction » of international law’s rules and principles within the American boundaries. It is to be remembered that, in 1789, the United States, the member States and the Indian Nations claimed for themselves, on parts or the whole of that space, the sovereignty that every « State » is entitled to according to international law. It is therefore by defining, adapting, or rethinking the notions of « State » or « territorial sovereignty », the conditions required for a territorial title to be held or formed, and by setting the legal status of international law, that those claims have been enforced – or not. Grounded upon the analysis of the American doctrine, practice and case law, the purpose of this study is thus to inquire about territorial issues as raised within what is usually described as a « federal State », sovereign on its territory. Because those issues, and mainly jurisdictional ones, are fundamental to international law, this work hopes to bring to light constructions of international law which are still relevant today

This thesis draws on David Harvey’s concept of “accumulation by dispossession” and an international political economy (IPE) approach centred on the institutional arrangements and power structures that privilege certain actors and values, in order to critique current capitalist practices of primitive accumulation by the global corporate extractive industry. The thesis examines how accumulation by dispossession by the global extractive industry is facilitated by the “free entry” or “free mining” principle. It does so by focusing on Canada as a leader in the global extractive industry and the spread of this country’s mining laws to other countries – in other words, the transnationalisation of norms in the global extractive industry – so as to maintain a consistent and familiar operating environment for Canadian extractive companies. The transnationalisation of norms is further promoted by key international institutions such as the World Bank, which is also the world’s largest development lender and also plays a key role in shaping the regulations that govern natural resource extraction. The thesis briefly investigates some Canadian examples of resource extraction projects, in order to demonstrate the weaknesses of Canadian mining laws, particularly the lack of protection of landowners’ rights under the free entry system and the subsequent need for “free, prior and informed consent” (FPIC). The thesis also considers some of the challenges to the adoption and implementation of the right to FPIC. These challenges include embedded institutional structures like the free entry mining system, international political economy (IPE) as shaped by international institutions and powerful corporations, as well as concerns regarding ‘local’ power structures or the legitimacy of representatives of communities affected by extractive projects. The thesis concludes that in order for Canada to be truly recognized as a leader in the global extractive industry, it must establish legal norms domestically to ensure that Canadian mining companies and residents can be held accountable when there is evidence of environmental and/or human rights violations associated with the activities of Canadian mining companies abroad. The thesis also concludes that Canada needs to address underlying structural issues such as the free entry mining system and implement FPIC, in order to curb “accumulation by dispossession” by the extractive industry, both domestically and abroad.

This thesis argues that native title rights are fundamental to Indigenous citizenship in Australia. It does this by developing a normative conception of citizenship in connection with a model of constitutionalism. Here, citizenship is more than a legal status. It refers to the norms of individual rights coupled with democratic responsibility that are attached to the person in a liberal-democracy. Constitutionalism provides the framework for understanding the manner in which Australian society realizes these norms. This thesis focuses on a society attempting to grapple with issues of postcolonialism. A fundamental question faced in these societies is the legitimacy of group rights based in pre-colonization norms. This thesis argues that these rights can be legitimized when constitutionalism is understood as originating in the deliberations connecting civil society with the state; which deliberations reconcile individual rights with group rights in such a way as to resolve the issue of their competing claims to legitimacy. Civil society is the social space in which politico-legal norms collide with action. The argument constructed here is that native title is built on norms that have the potential (it is a counterfactual argument) to contribute to a postcolonial civil society. This is one in which colonizer and colonized coordinate their action in a mutual search for acceptable solutions to the question 'how do we live together?'. The optimistic analysis is tempered by a consideration of the development of native title law. The jurisprudence of the High Court after the Wik's Case has undermined the potential of native title to play a transformative role. It has undermined Indigenous Australians' place in civil society, and their status as equal individuals and responsible citizens. In seeking to explain this, the thesis turns from jurisprudence to political sociology, and argues that an alternative model of constitutionalism and civil society has supplanted the postcolonial; viz., the neoliberal.

The Agua Caliente Band of Cahuilla Indians Reservation was established in 1876, the same year as the transcontinental Southern Pacific Railroad completed a station in Palm Springs. These overlapping events would both enable and problematize the settler colonization of the Agua Caliente’s land, creating a checkerboard pattern of “fragmented jurisdiction” that was fundamental for its transformation into one of the wealthiest resorts in the United States. The territorial conflict between the Tribe and the U.S. would only begin to be legally resolved in 1977, when the Agua Caliente won the right to zone and plan their own lands. This dissertation examines how architecture, urbanism, and infrastructure mediated the technical, legal, and ideological struggles that took place in this period; sometimes enabling Imperial dispossession, other times structuring Tribal assimilation and decolonization. The dissertation historicizes and theorizes these processes by examining the modern architecture and urbanism of Palm Springs as a specific settler-colonial, “post-industrial” mode of development which was made possible by the particular territorial configuration that emerged out of nineteenth century Imperialism. It posits a correlation between settler colonialism and the settler imaginaries and material processes of technological progress, capitalist accumulation, natural resource extraction, and cultures of leisure that were uniquely developed in Palm Springs through modern architecture. Critically dismantling the connections between modern architecture, “post-industrial society,” and settler colonialism, this dissertation argues, is a necessary condition for the development of decolonial epistemologies and strategies of anti-colonial, anti-capitalist resistance.

In 1928, a small forest uprising in Terengganu, on the east coast of the Malay Peninsula, became a Holy War. The rebels—shifting cultivators from the Terengganu River system, coalesced under an Islamist leadership of rubber smallholders, mosque functionaries and Islamic scholars. They were responding to a power struggle between two elite forces within the colonial government after 1919—represented by the Sultan and the British Adviser. These two forces were engaged in a contest to subject the hinterland’s landscape and population to government, resulting in overlapping claims to the Terengganu forest. These claims prevented forest-based smallholders from cultivating rice or rubber—their two main crops. Aggrieved by displacement from their swiddens, hundreds of cultivators began to defy government forest regulations. They attacked forest guards and police officers, accusing them of being kafir—unbelievers. Then on 21 May 1928, rebels occupied a police station in Kuala Berang, a regional administrative centre. From this police station and its surrounding government offices, the colonial government exercised its claim to exist as the sole regulator of land and forest use in the hinterland. Yet the rebels’ defiance was not based solely on their land and forest counterclaim. They raised the red flag of the Ottoman Caliphate over the police station, generalising their local demands into one for sovereignty as Muslims. In doing so, the rebels demonstrated their location in a set of regional and global connections beyond their local environment. They were building on a series of Islamising political precedents. These precedents, established by Islamic scholars, responded to a larger territorial contest—between Britain and Siam for control over the Malay Peninsula. The contest for the peninsula drove a logic of territorial delimitation which bounded Terengganu and the states around it—formerly Siamese tributaries. A series of treaties signed over the nineteenth century eventually culminated in the 1909 Siam- Malaya border, locking Terengganu on the British side. Terengganu was colonised in 1919, and was incorporated into the emerging Malayan geo-body. Yet Islamic scholars from the Siamese tributaries were not locked in place, continuing their patterns of mobility around the region, and between Southeast Asia and the Middle East. Together, these scholars forged a political solidarity with the global community of Muslims—the umat. They began to authorise a politics of Holy War against Britain, using Islamic metaphors to create a political language which the Terengganu rebels later used. In this intensely Islamic political climate, the Terengganu rebels wove their local land and forest claims into a bold defence of the umat. In doing so, they momentarily negated the logic of the territorial bounding to which they were being subjected. The uprising became a Holy War, not only for the Terengganu forest, but for the umat against the kafir colonisers.

This thesis presents an analysis of the relationship between the New Zealand Department of Conservation and the local Maori groups involved in the management of Tongariro National Park, during a historical Waitangi Tribunal inquiry into the park area. The relationship between Maori and the New Zealand government, as with indigenous groups and governments in other settler societies, is profoundly affected by historical events and the contemporary understandings of those events. I identify key strengths and weaknesses in the relationship at Tongariro National Park, and investigate their historical origins. I argue that the local relationship between the Department of Conservation and Maori is hampered by the different expectations for the relationship each party brings to the negotiating table. These differing expectations stretch back to the establishment of the park in the late nineteenth century, and were enshrined during the early twentieth century in the legislation, policy and public attitudes that structure the national park institution. The relationship's strengths included the goodwill with which both parties usually engaged with each other, the longevity of key relationships, and the political nous of local Maori leaders. These features date back to the 1970s and 1980s when the introduction of public consultation in park decision making led to the development of personal relationships between park management staff and Maori. Claimant and Crown interpretations of the park's history were strongly shaped by the incentive structures of the inquiry process, leading to emphasis on certain events and aspects of the historical relationship that, in my analysis, were not always the most significant. Tribunal inquiries tend to be strongly adversarial, and the inquiry over Tongariro National Park put stress on personal relationships in the area. The usual patterns of interaction between Maori and the Department of Conservation were disrupted during and after the hearings. This may be only a short-term effect, but is noteworthy as one of the goals of the Treaty settlement process is to support ongoing relationships between Maori and the New Zealand government, and little work has been done into the impact of the inquiry process on relationships ""on the ground.""

Villagisation and large-scale agricultural investments in Gambella region has been a major concern of human right groups. The Ethiopian government argues that villagisation program is voluntary and part of Growth and Transformation Plan (GTP) which attempts to bring development to indigenous communities and nothing to do with large-scale agricultural investment. On the contrary, human right groups and local civil society organizations claim that the Ethiopian government is forcefully relocating indigenous people from their ancestral land under the disguise of development while the true motive of the government is to expand agricultural investment in the region at the expense of the livelihood of the local communities. This research is an attempt to investigate the controversial villagisation and large-scale agricultural investment in Gambella regional state by looking into the link between large-scale agricultural investment and villagisation. The main focus of the research is to examine the impacts of agricultural investment and villagisation in Gambella region the light of the Ethiopian government policy in the region and the alleged development induced human right violations. The research is based on a qualitative method to capture data from 32 villagisation sites using in-depth interviews, focus group discussions and field observations. For the purpose of this study, 241 participants were selected from the study sites to participate in the research. Out of the 241 participants 75 of them were participated in in-depth interviews and the rest were included in focus group discussions and informal discussions based on the participants’ knowledge, views, experience and feelings associated with villagisation and large-scale agricultural investment in the region. The findings of this study show no indication of involuntary villagisation, no significant relationship between villagisation and investment, or no evidence of previously occupied land being leased to investors. However, the study reveals that there has been serious lack of communication and misinformation from the government side in the process of planning and implementing the villagisation program. Owing to this, suspicion and lack of trust between government officials and the local communities characterized implementation of the villagisation project.
Geography

Human-environment interactions will be profoundly affected by anthropogenic climate change. Coastal communities, dependent on freshwater ecosystems for their livelihoods and cultural practices, are likely to be seriously impacted by rising sea level. For communities already subject to marginalising forces of remoteness, poverty or the legacies of colonisation, climate change impacts will likely compound existing stressors. The freshwater floodplains of the Alligator Rivers Region in the Northern Territory, spanning Kakadu National Park and part of West Arnhem Land, represent such a place. This area is at risk from sea level rise, particularly saltwater intrusion, while also home to Aboriginal Australians continuing to practice customary or subsistence harvesting based on freshwater resources. In seeking to support sustainable adaptation to climate change in this context, this thesis examines Indigenous people’s experiences, in living memory, of responding to past and persisting social-ecological change. A place-based, contextual framing approach was used to examine vulnerability and adaptive capacity. Through semi-structured interviews, trips on country, cultural resource mapping and archival work, contemporary patterns of freshwater resource use and Aboriginal people’s perceptions of changes to their freshwater hunting, fishing and gathering activities (collectively termed ‘harvesting’) were examined. Qualitative models were used to conceptualise factors influencing an individual’s ability to engage in freshwater customary harvesting and the determinants shaping adaptive capacity for customary harvesting. The social-ecological drivers of change in freshwater harvesting practices raised by respondents included: existing threats from introduced animals and plants, altered floodplain fire regimes and the ‘bust then boom’ in saltwater crocodile population following recovery from commercial hunting. These all had implications for sustaining customary harvesting practices including restricting access and the transmission of knowledge. Impacts driven by the introduced cane toad, invasive para grass and saltwater crocodile population change, represent examples of solastalgia, particularly for women’s harvesting practices. In addition to environmental conditions, determinants of adaptive capacity of customary harvesting included; mobility on country- particularly supported through on country livelihoods and outstations, social networks facilitating access and knowledge sharing, health and well-being and inter-generational knowledge transmission. Past experience of saltwater intrusion facilitated by feral water buffalo in Kakadu was examined through the lens of social learning, as a historical analogue for future sea level rise. These experiences were shown to influence contemporary perceptions of risk and adaptive preferences for future sea level rise. Customary harvesting was also found to offer unique opportunities to improve remote Indigenous development outcomes across diverse sectors. To build adaptive capacity supporting freshwater customary harvesting practices in this context it will be essential to; understand historical trajectories of social-ecological change, recognise the potential for diversity within groups- including a gendered analysis of adaptive capacity, address existing social-ecological stressors and foster knowledge collaborations for supporting knowledge transmission, the co-production of knowledge and sustaining social networks. Facilitating a social learning environment will be particularly crucial in supporting local autonomy, leadership and experimental learning, and is particularly beneficial in jointly managed protected area contexts. Most importantly, incorporating local Indigenous knowledge, values, perceptions of change and risk into locally-developed adaptation strategies will be essential in developing more culturally relevant and thus sustainable, adaptation pathways.